The Hon'ble Apex Court in Srinivasa Rice Mills & Others v. ESI Corporation reported in (2007) 1 SCC 705 has held that before an Act is made applicable, in the event a dispute is raised, the authorities exercising statutory power must determine the jurisdictional fact, and it was further held that the same question can be raised in judicial review and there is no legal impediment in adjudicating the same. The Hon'ble Supreme Court has taken the similar view in Express Newspapers Limited v. Workers & Staff, AIR 1963 SC 569 (paragraph 15), and also in Ceylon Biscuits Ltd v. Bakeman Industries P Ltd., reported in (2004) 13 SCC 575
See also Order 14, Rule 2
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